Test case

Erosion of disabled carer’s TSDPE due to addition of LCWRA element and removal of carer element

Secretary of State for Work and Pensions v MJ [2025] UKUT 035 (AAC)
This is a challenge to the policy of the Secretary of State for Work and Pensions in relation to MJ, a claimant in receipt of the carer element and transitional SDP element, to erode the whole of her transitional SDP element when she was found to have limited capability for work and work related activity. The UT allowed the SSWP’s appeal and re-made the FTT decision in MJ’s favour, finding that she had been unlawfully discriminated against.
Published on
Relevant to
all of the UK
Test case

Two-child limit non-consensual conception exception ordering rule

R (LMN and EFG) v SSWP [2024] EWHC 2577 (Admin)
This is a challenge to the non-consensual conception exception ordering rule within the two-child limit. The application for judicial review was initially refused permission on the papers. At a renewal hearing on 10 October 2024, the High Court granted permission for the case to go to a substantive hearing.
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Relevant to
all of the UK
Test case

Right to reside for EEA national with pre-settled status: preparatory steps and self-employment and self-sufficiency for ineligible partners

Secretary of State for Work and Pensions v VB and AD [2024] UKUT 212 (AAC)
The Upper Tribunal considered whether VB, a Norwegian national with pre-settled status, had a right to reside for the purposes of claiming Universal Credit because she was i) a self-employed person, ii) a self-sufficient person with comprehensive sickness insurance, and iii) had retained worker status.
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Relevant to
all of the UK